See also

Still images

Images of artistic and visual works covered by the Copyright Act include: paintings,
drawings, maps, charts, plans, photographs, engravings, sculptures, works of
artistic craftsmanship, architectural works, and compilations of artistic works.
Copyright in general continues for 50 years following the year of the producer's death
after which the work comes into the public domain.

Making digital copies of images

Although many images are already available in digital format from various
sources, there are numerous images which are available only in paper or
slide format. Such images which are covered by copyright can be scanned if
they fall under the exceptions outlined in the following sections.

Showing digital images in classrooms

According to Section 29.4 of the Copyright Act, educators can, for the purposes of education or training, copy a work to display an image in the classroom or elsewhere on University premises. This includes data projectors (PowerPoint presentations). However, this exemption does not apply if the image is commercially available on the Canadian market in a medium that is appropriate for the intended purpose, and can be acquired within a reasonable time and for a reasonable price.

Images from commercial databases (ARTstor) for which the library has a licenced agreement can be used in classroom presentations.

Using digital images in a course website

Generally, it is necessary to obtain permission to copy as well as distribute
a copyright protected work on the internet, unless it is from a licenced
database or authorisation has been obtained from the copyright owner. However, it is also arguable that images can be used
under the following conditions:

Using low resolution images or thumbnails which do not compete with the commercial interest of copyright owners

Linking to images rather than posting them on a class website

Exceptions for examinations

You can reproduce copyrighted images for a test or examination given on the premises of an educational institution. However, this exemption does not apply if the image is commercially available on the Canadian market in a medium that is appropriate for the intended purpose, and can be acquired within a reasonable time and for a reasonable price.

Using images in student papers

Fair dealing (Section 29.1) allows you to make copies of images that are
copyright protected for the purposes of research, private study, education, parody, satire, criticism, and review.

Using images in your own art work

The Copyright Act protects substantial parts of works which implies that
insubstantial parts of copyrighted images
can be used. However, there is no clear definition of what constitutes
substantial or insubstantial. While some contemporary artists are proponents
of using any images in the practice of appropriation art,
such derivative works do not clearly enjoy the benefit of fair dealing. See the
viewpoint of CARFAC, the Canadian Artist
Representation/le Front des artistes canadiens.

Using images from the ARTstor database

Images in ARTstor can
be used for classroom instruction and related classroom activities, student assignments and
research, research activities of faculty, public display or public performance as part of a
non-commercial scholarly or education presentation, in research and dissertations. Uses
of images not permitted by ARTstor include: commercial - such as scholarly publications
available for purchase - public performances, as well as adaptation of images for derivative works.

Using images on the internet

Although there are websites that allow free downloading of images, mostly for
personal use only, many websites include copyrighted images. Permission to use
images must be obtained from the copyright owner unless your use constitutes fair dealing.

The following Canadian website, prepared by the 2Learn.ca Education Society,
provides an overview of how to determine the copyright status of images on the
internet: Digital images and copyright.